1

EPWP SPECIFICATION SL EMPLOYMENT AND TRAINING OF BENEFICIARIES ON THE EXPANDED

PUBLIC WORKS PROGRAMME (EPWP) - INFRASTRUCTURE PROJECTS CONTENTS

SL 01 SCOPE

SL 02 TERMINOLOGY AND DEFINITIONS

SL 03 APPLICABLE LABOUR LAWS

SL 04 EXTRACTS FROM MINISTERIAL DETERMINATION REGARDING EPWP

SL 05 EMPLOYER’S RESPONSIBILITIES

SL 06 PLACEMENT OF RECRUITED BENEFICIARIES

SL 07 BENEFICIARIES

SL 08 BENEFICIARY (WORKERS) SELECTION CRITERIA

SL 09 CONTRACTUAL OBLIGATIONS IN RELATION TO LABOUR

SL 10 PROVINCIAL RATES OF PAY

SL 11 MEASUREMENTS AND PAYMENT

EXAMPLE EPWP EMPLOYMENT AGREEMENT

SL 01 SCOPE

This project is part of the Expanded Public Works Programme and the National

Youth Service Programme and aims to provide work opportunities to local

beneficiaries and train young people by providing them with practical work

experience as part of this programme. The project comprises of works to be

undertaken labour-intensively and these activities are to be undertaken by local

semi-skilled or unskilled labour.

As part of the National Youth Service Programme, youth aged between 18 and

35 will also be recruited and trained in skills relevant to the work to be done on

this project. These youth will have to be employed by the contractor as part of

this project so that they can gain their work experience on these projects. The

training of the youth will be coordinated and implemented by a separate service

provider. This service provider will provide the contractor with a list of all the

youth and the training each of these youth have received. The Contractor will be

required to employ all of these youth for a minimum period of 6 months.

Furthermore the Contractor will be required to supervise these youth to ensure

that the work they perform is of the required standard. If necessary the

contractor’s staff will be required to assist and mentor the youth to ensure that

2

they are able to perform the type of work they need to do to the satisfactory

standards required. The contractor will not be required to employ all youth in the

programme at the same time, but may rotate the youth on the project, as long as

all youth are employed for the minimum duration stated earlier.

This specification contains the standard terms and conditions for beneficiaries

employed in elementary occupations and trained on Expanded Public Works

Programme (EPWP) for the semi-skilled and unskilled local Labour as well as

youth employed as part of the National Youth Services Programme. These

terms and conditions do NOT apply to persons employed in the supervision and

management of a EPWP. Refer to The Guidelines document.

SL 02 TERMINOLOGY AND DEFINITIONS SL 02.01 TERMINOLOGY

(a) Code of Good Practice - for Expanded Public Works Programmes,

this has been gazetted by the Department of Labour,

and which provides for special conditions of

employment for these EPWP projects. In terms of the

Code of Good Practice, the beneficiaries on these

projects are entitled to formal training, which will be

provided by training providers.

(b) EPWP Expanded Public Works Programme, a National

Programme of the government of South Africa,

approved by Cabinet.

(c) NYDA National Youth Development Agency .

(d) DOL Department of Labour.

(e) NYS National Youth Service. The National Youth Service is

aimed at assisting the youth (between ages of 18 and 35) to gain occupational

skills in order to access sustainable livelihood opportunities.

SL 02.02 DEFINITIONS

(a) “employer” means the contractor or any party employing the

worker /beneficiary under the EPWP.

(b) “client” means the Department of Public Works.

(c) “worker / trainee” means any person working or training in an

3

elementary occupation on the EPWP.

(d) “Youth Beneficiary” means any person working or training in an

elementary occupation on the EPWP as part of the National Youth

Service

SL 03 APPLICABLE LABOUR LAWS

In line with the Expanded Public Works Programme (EPWP) policies, the

Ministerial Determination, Expanded Public Works Programmes, issued in terms

of the Basic Conditions of Employment Act of 1997 by the Minister of labour in

government Notice No. R63 of 25 January 2002, of which extracts have been

reproduced below in clauses SL 04 shall apply to works described in the scope

of work and which are undertaken by unskilled or semi-skilled beneficiaries.

The Code of Good Practise for Employment and Conditions of Work for

Expanded Public Works Programmes, issued in terms of the Basic Conditions of

Employment Act of 1997 by the Minister of Labour in Government Notice No.

R64 of 25 January 2002 shall apply to works described in the scope of work and

which unskilled or semi-skilled beneficiaries undertake.

SL 04 EXTRACTS FROM MINISTERIAL DETERMINATION REGARDING EPWP

SL 04.01 DEFINITIONS

In this specification –

(a) “department” means any department of the State, implementing

agent or contractor;

(b) “employer” means any contractor that hires beneficiaries to work in

elementary occupations on the EPWP;

(c) “worker” means any person working in an elementary occupation on

the EPWP;

(d) “elementary occupation” means any occupation involving unskilled or

semi-skilled work;

(e) “management” means any person employed by a department,

contractor or implementing agency to administer or execute EPWP work;

(f) “task” means a fixed quantity of work;

4

(g) “task-based work” means work in which a worker is paid a fixed rate

for performing a task;

(h) “task-rated worker” means a worker paid on the basis of the number

of tasks completed;

(i) “time-rated worker” means a worker paid on the basis of the length of

time worked

(j) “Service Provider” means the consultant appointed by Department to

coordinate and arrange the employment and training of labour on EPWP

infrastructure projects.

SL 04.02 TERMS OF WORK

(a) Beneficiaries on the EPWP are employed on a temporary basis.

(b) A worker may NOT be employed for longer than 24 months in any five-year

cycle on an EPWP project.

(c) Employment on an EPWP project does not qualify as employment.

SL 04.03 NORMAL HOURS OF WORK

(a) An employer may not set tasks or hours of work that require a worker to

work–

(i) more than forty hours in any week

(ii) on more than five days in any week; and

(iii) for more than eight hours on any day.

(b) An employer and a worker may agree that the worker will work four days per

week. The worker may then work up to ten hours per day.

(c) A task-rated worker may not work more than a total of 55 hours in any week

to complete the tasks (based on a 40-hour week) allocated to him.

Every worker is entitled to a daily rest period of at least eight consecutive hours.

The daily rest period is measured from the time the worker ends work on one

day until the time the worker starts work on the next day.

5

SL 04.04 MEAL BREAKS

(a) A worker may not work for more than five hours without taking a meal break of at

least thirty minutes duration.

(b) An employer and worker may agree on longer meal breaks.

(c) A worker may not work during a meal break. However, an employer may

require a worker to perform duties during a meal break if those duties cannot

be left unattended and cannot be performed by another worker. An

employer must take reasonable steps to ensure that a worker is relieved of

his or her duties during the meal break.

(d) A worker is not entitled to payment for the period of a meal break. However,

a worker who is paid on the basis of time worked must be paid if the worker

is required to work or to be available for work during the meal break.

SL 04.05 SPECIAL CONDITIONS FOR SECURITY GUARDS

(a) A security guard may work up to 55 hours per week and up to eleven hours

per day.

(b) A security guard who works more than ten hours per day must have a meal

break of at least one hour duration or two breaks of at least 30 minutes

duration each.

SL 04.06 DAILY REST PERIOD

Every worker is entitled to a daily rest period of at least eight consecutive hours.

The daily rest period is measured from the time the worker ends work on one

day until the time the worker starts work on the next day.

SL 04.07 WEEKLY REST PERIOD

Every worker must have two days off every week. A worker may only work on

their day off to perform work which must be done without delay and cannot be

performed by beneficiaries during their ordinary hours of work (“emergency

work”).

6

SL 04.08 WORK ON SUNDAYS AND PUBLIC HOLIDAYS

(a) A worker may only work on a Sunday or public holiday to perform emergency

or security work.

(b) Work on Sundays is paid at the ordinary rate of pay.

(c) A task-rated worker who works on a public holiday must be paid –

(i) the worker’s daily task rate, if the worker works for less than four hours;

(ii) double the worker’s daily task rate, if the worker works for more than

four hours.

(d) A time-rated worker who works on a public holiday must be paid –

(i) the worker’s daily rate of pay, if the worker works for less than four

hours on the public holiday;

(ii) double the worker’s daily rate of pay, if the worker works for more than

four hours on the public holiday.

SL 04.09 SICK LEAVE

(a) Only beneficiaries who work four or more days per week have the right to

claim sick-pay in terms of this clause.

(b) A worker who is unable to work on account of illness or injury is entitled to

claim one day’s paid sick leave for every full month that the worker has

worked in terms of a contract.

(c) A worker may accumulate a maximum of twelve days’ sick leave in a year.

(d) Accumulated sick-leave may not be transferred from one contract to another

contract.

(e) An employer must pay a task-rated worker the worker’s daily task rate for a

day’s sick leave.

7

(f) An employer must pay a time-rated worker the worker’s daily rate of pay for a

day’s sick leave.

(g) An employer must pay a worker sick pay on the worker’s usual payday.

(h) Before paying sick-pay, an employer may require a worker to produce a

certificate stating that the worker was unable to work on account of sickness

or injury if the worker is –

(i) absent from work for more than two consecutive days; or

(ii) absent from work on more than two occasions in any eight-week

period.

(i) A medical certificate must be issued and signed by a medical practitioner, a

qualified nurse or a clinic staff member authorised to issue medical

certificates indicating the duration and reason for incapacity.

(j) A worker is not entitled to paid sick-leave for a work-related injury or

occupational disease for which the worker can claim compensation under the

Compensation for Occupational Injuries and Diseases Act.

SL 04.10 MATERNITY LEAVE

(a) A worker may take up to four consecutive months’ unpaid maternity leave.

(b) A worker is not entitled to any payment or employment-related benefits during

maternity leave.

(c) A worker must give her employer reasonable notice of when she will start

maternity leave and when she will return to work.

(d) A worker is not required to take the full period of maternity leave. However, a

worker may not work for four weeks before the expected date of birth of her

child or for six weeks after the birth of her child, unless a medical practitioner,

midwife or qualified nurse certifies that she is fit to do so.

(e) A worker may begin maternity leave –

(i) four weeks before the expected date of birth; or

8

(ii) on an earlier date –

(1) if a medical practitioner, midwife or certified nurse certifies that it

is necessary for the health of the worker or that of her unborn

child; or

(2) if agreed to between employer and worker; or

(iii) on a later date, if a medical practitioner, midwife or certified nurse has

certified that the worker is able to continue to work without endangering

her health.

(f) A worker who has a miscarriage during the third trimester of pregnancy or

bears a stillborn child may take maternity leave for up to six weeks after the

miscarriage or stillbirth.

(g) A worker, who returns to work after maternity leave, has the right to start a

new cycle of twenty-four months employment, unless the EPWP on which she

was employed has ended.

SL 04.11 FAMILY RESPONSIBILITY LEAVE

(a) Beneficiaries, who work for at least four days per week, are entitled to

three days paid family responsibility leave each year in the following

circumstances -

(i) when the employee’s child is born;

(ii) when the employee’s child is sick;

(iii) in the event of the death of –

(1) the employee’s spouse or life partner

(2) the employee’s parent, adoptive parent, grandparent, child,

adopted child, grandchild or sibling

SL 04.12 STATEMENT OF CONDITIONS

(a) An employer must give a worker a statement containing the following

details at the start of employment –

(i) the employer’s name and address and the name of the EPWP;

(ii) the tasks or job that the worker is to perform;

9

(iii) the period for which the worker is hired or, if this is not certain, the

expected duration of the contract;

(iv) the worker’s rate of pay and how this is to be calculated;

(v) the training that the worker may be entitled to receive during the

EPWP.

(b) An employer must ensure that these terms are explained in a suitable

language to any employee who is unable to read the statement.

(c) An employer must supply each worker with a copy of the relevant

conditions of employment contained in this specification.

(d) An employer must enter into a formal contract of employment with each

employee. A copy of a pro-forma is attached at the end of this

specification.

SL 04.13 KEEPING RECORDS

(a) Every employer must keep a written record of at least the following –

(i) the worker’s name, ID number, contact details and position;

(ii) in the case of a task-rated worker, the number of tasks completed by

the worker;

(iii) in the case of a time-rated worker, the time worked by the worker;

(iv) payments made to each worker.

(b) The employer must keep this record for a period of at least three years

after the completion of the EPWP project.

SL 04.14 PAYMENT

(a) A task-rated worker will only be paid for tasks that have been completed.

(b) An employer must pay a task-rated worker within five weeks of the work being

completed and the work having been approved by the manager or the

contractor having submitted an invoice to the employer. Payment must be

10

made in cash, by cheque or by direct deposit into a bank account designated

by the worker.

(c) A time-rated worker will be paid at the end of each month and payment must

be made in cash, by cheque or by direct deposit into a bank account

designated by the worker.

(d) Payment in cash or by cheque must take place –

(i) at the workplace or at a place agreed to by at least 75% of the

beneficiaries; and

(ii) during the worker’s working hours or within fifteen minutes of the start or

finish of work;

(e) All payments must be enclosed in a sealed envelope which becomes the

property of the worker.

(f) An employer must give a worker the following information in writing –

(i) the period for which payment is made;

(ii) the number of tasks completed or hours worked;

(iii) the worker’s earnings;

(iv) any money deducted from the payment;

(v) the actual amount paid to the worker.

(g) If the worker is paid in cash or by cheque, this information must be recorded

on the envelope and the worker must acknowledge receipt of payment by

signing for it.

(h) If a worker’s employment is terminated, the employer must pay all monies

owing to that worker within one month of the termination of employment.

SL 04.15 DEDUCTIONS

(a) An employer may not deduct money from a worker’s payment unless the

deduction is required in terms of a law.

11

(b) An employer must deduct and pay to the SA Revenue Services any income

tax that the worker is required to pay.

(c) An employer who deducts money from a worker’s pay for payment to another

person must pay the money to that person within the time period and other

requirements specified in the agreement law, court order or arbitration award

concerned.

(d) An employer may not require or allow a worker to –

(i) repay any payment except an overpayment previously made by the

employer by mistake;

(ii) state that the worker received a greater amount of money than the

employer actually paid to the worker; or

(iii) pay the employer or any other person for having been employed.

SL 04.16 HEALTH AND SAFETY

(a) Employers must take all reasonable steps to ensure that the working

environment is healthy and safe and that all legal requirements regarding

health and safety are strictly adhered to.

(b) A worker must:

(i) work in a way that does not endanger his/her health and safety or that

of any other person;

(ii) obey any health and safety instruction;

(iii) obey all health and safety rules of the EPWP project;

(iv) use any personal protective equipment or clothing issued by the

employer;

(v) report any accident, near-miss incident or dangerous behaviour by

another person to their employer or manager.

12

SL 04.17 COMPENSATION FOR INJURIES AND DISEASES

(a) It is the responsibility of employers to arrange for all persons employed

on a EPWP project to be covered in terms of the Compensation for

Occupational Injuries and Diseases Act, 130 of 1993.

(b) A worker must report any work-related injury or occupational disease to

their employer or manager.

(c) The employer must report the accident or disease to the Compensation

Commissioner.

(d) An employer must pay a worker who is unable to work because of an

injury caused by an accident at work 75% of their earnings for up to three

months. The employer will be refunded this amount by the Compensation

Commissioner. This does NOT apply to injuries caused by accidents

outside the workplace such as road accidents or accidents at home.

SL 04.18 TERMINATION

(a) The employer may terminate the employment of a worker provided he

has a valid reason and after following existing termination procedures.

(b) A worker will not receive severance pay on termination.

(c) A worker is not required to give notice to terminate employment.

However, a worker who wishes to resign should advise the employer in

advance to allow the employer to find a replacement.

(d) A worker who is absent for more than three consecutive days without

informing the employer of an intention to return to work will have

terminated the contract. However, the worker may be re-engaged if a

position becomes available for the balance of the 24-month period.

(e) A worker who does not attend required training events, without good

reason, will have terminated the contract. However, the worker may be

re-engaged if a position becomes available for the balance of the 24-

month period.

13

SL 04.19 CERTIFICATE OF SERVICE

(a) On termination of employment, a worker is entitled to a certificate stating:

(i) the worker’s full name;

(ii) the name and address of the employer;

(iii) the EPWP project on which the worker worked;

(iv) the work performed by the worker;

(v) any training received by the worker as part of the EPWP project;

(vi) the period for which the worker worked on the EPWP project;

(vii) any other information agreed on by the employer and worker.

SL 05 EMPLOYER’S RESPONSIBILITIES

The employer shall adhere to the conditions of employment as stipulated in the

Code of Good Practice for Employment and Conditions of Work for Expanded

Public Works Programmes. Over and above the conditions stipulated above, he

shall be responsible to:

(a) formulate and design a contract between himself/ herself and each of the

recruited beneficiaries, ensuring that the contract does not contravene any

of the Acts stipulated in South African Law, e.g. Basic Conditions of

Employment Act, etc. (A copy of a pro-forma contract is attached at the

end of this specification);

(b) screen and select suitable candidates for employment from;

(c) ensure that the recruited beneficiaries are made available to receive basic

life skills training which will be conducted and paid for;

(d) ensure that all beneficiaries receive instruction on safety on site prior to

them commencing with work on site;

(e) ensure that all beneficiaries are covered under workmen’s compensation

for as long as they are contracted to the contractor. Payment to the

Compensation Commissioner shall be the responsibility of the contractor;

(f) assist in the identification and assessment of potential beneficiaries to

undergo accredited advanced technical training in respective trades;

14

(g) test and implement strict quality control and to ensure that the health and

safety regulations are adhered to;

(h) provide all beneficiaries with the necessary protective clothing as required

by law for the specific trades that they are involved in.

(i) provide overall supervision and day-to-day management of beneficiaries

and/or sub-contractors; and

(j) ensure that all beneficiaries are paid their wages on time through a pre-

agreed payment method as stipulated in the contract with the worker.

SL 06 BENEFICIARIES RECRUITMENT OF EPWP BENEFICIARIES

SL 06.01 EMPLOYMENT OF SEMI-SKILLED AND UNSKILLED LOCAL

BENEFICIARIES

Employers will be contractually obliged to:

(a) employ beneficiaries from targeted social groups.

(b) facilitate on-the-job accredited training and skills development programmes

for the beneficiaries;

(c) achieve the minimum employment targets;

(d) brief beneficiaries on the conditions of employment as specified in sub

clause SL 04.09 above;

(e) enter into a contract with each worker, which contract will form part of the

Employment Agreement;

(f) allow beneficiaries the opportunity to attend life skills training through DOL.

This shall be arranged at the beginning of the contract;

(g) ensure that payments to beneficiaries are made as set out in sub clauses

SL 04.14 and SL 04.15 above.

(h) set up of personal profile files as prescribed by Service Provider and as set

out in sub clause SL 04.13 above.

(i) in addition to (h) - a copy of the I.D;

- qualifications;

- career progress;

- EPWP Employment Agreement, and

- list of small trade tools;

15

must be included in the worker’s personal profile file.

SL 06.02 PLACEMENT OF RECRUITED YOUTH BENEFICIARIES

Employers will be contractually obliged to:

(a) employ youth beneficiaries from targeted social groups from the priority list

provided by the Service Provider/NYDA.

(b) facilitate on-the-job training and skills development programmes for the

youth beneficiaries;

(c) achieve the following minimum employment targets:

(i) 100% people between the ages of 18 and 35

(d) brief youth beneficiaries on the conditions of employment as specified in

sub clause SL 04.09 above;

(e) enter into a contract with each youth worker, which contract will form part

of the Employment Agreement;

(f) allow youth beneficiaries the opportunity to attend life skills training through

DOL. This shall be arranged at the beginning of the contract;

(g) ensure that payments to youth beneficiaries are made as set out in sub

clauses SL 04.14 and SL 04.15 above.

(h) set up of personal profile files as prescribed by Service Provider and as set

out in sub clause SL 04.13 above.

(i) in addition to (h) - a copy of the I.D;

- qualifications;

- career progress;

- EPWP Employment Agreement, and

- list of small trade tools;

must be included in the youth worker’s personal profile file.

SL 07 TRAINING OF BENEFICIARIES

Three types of training are applicable, namely

Life skills;

On the job training

16

Technical Skills training.

Training will be implemented by training instructors accredited by DOL and/or

CETA :

Beneficiaries shall be employed on the projects for an average of 6 months.

Beneficiaries shall be deployed on projects in the vicinity of their homes.

The same arrangements as for other beneficiaries regarding

accommodation, subsistence and travel shall be applicable to NYS youth

beneficiaries.

(a) Life skills training

All beneficiaries are entitled to undergo life skills training. Training of this

module will be flexible enough to meet the needs of the employer. Training

should take place immediately after site hand-over and during the period of

site establishment and pre-planning before actual construction starts,

alternatively this will be spread over the duration of the contract period. The

contractor will be required to work closely with the NYS manager to

schedule the training sessions so that the timing of the training is aligned

with the contractors work schedule and his demand for beneficiaries.

(b) On-the job training

The Employer shall provide beneficiaries with on-the-job training to enable

them to fulfil their employment requirements. The employer shall also be

expected to closely monitor the job performance of youth beneficiaries and

shall identify potential youth beneficiaries for skills development

programmes.

(c) Technical skills training/Assessment

The Employer shall assist in identifying youth beneficiaries for further

training. These youth beneficiaries will undergo further technical training to

prepare them for opportunities as semi-skilled labourers.

(d) Artisan Development

The PSC shall select 8 local beneficiaries from the NYS database to be

considered for Artisan Development and will be trained and certified in one

of the trades.

17

Such training will comprise of an off-site theoretical component and practical

training on-site. The contractor will be responsible for on-site practical work

under his supervision. Youth beneficiaries who graduate from the first

phase of the training programme will be identified and given opportunities to

register for skills development programmes. These can ultimately result in a

accredited qualification. The programme will consist of theoretical

instruction away from the construction site as well as on-site practical work

under the supervision of the employer. Candidates will be entitled to

employment to complete all training modules.

The contractor shall, through the Project Manager, liaise with the Training

Manager for the training of Semi-Skilled and Unskilled Beneficiaries:

Mr Thabani Mazibuko

Deputy Director: EPWP Training

Tel: (031) 314 7272

Email: thabani.mazibuko@dpw.gov.za

The contractor shall, through the project manager, liaise with the NYS

Manager for the training of Youth Beneficiaries (NYS):

Ms Ntshadi Olowolagba

Deputy Director: EPWP NYS

Tel: (031) 314 7137

Email: Ntshadi.Olowolagba@dpw.gov.za

SL 08 BENEFICIARYSELECTION CRITERIA

SL 08.01 PREAMBLE

The Code of Good Practise for Employment and Conditions of Work for

Expanded Public Works Programmes encourages:

optimal use of locally-based labour in an Expanded Public Works

Programme (EPWP);

a focus on targeted groups which consist of namely youth, consisting of

women, female-headed households, disabled and households coping with

HIV/AIDS; and

18

The empowerment of individuals and communities engaged in an EPWP

through the provision of training.

SL 08.02 BENEFICIARY (WORKERS) SELECTION CRITERIA

(a) The selection of Beneficiaries must be done through the Project Steering

Committee (PSC)

(b) The beneficiaries of the programmes should preferably be non-working

individuals from the most vulnerable sections of disadvantaged

communities who do not receive any social security pension income/child

grant. The local community must, through all structures available, be

informed of and consulted about the establishment of any EPWP.

(c) In order to spread the benefit as broadly as possible in the community, a

maximum of one person per household should be employed, taking local

circumstances into account.

(d) Skilled artisans from other areas may be employed if they have skills that

are required for a project and there are not enough persons in the local

communities who have those skills or who could undergo appropriate

skills training. However, this should not result in more than 20% of

persons working on a programme not being from local communities.

(e) Programmes should set participation targets for employment with respect

to youth, single male- and female-headed households, women, people

with disabilities, households coping with HIV/AIDS, people who have

never worked, and those in long-term unemployment.

(e) The proposed targets as set out in sub clause SL 06 (c)

Youth from 18 to 35 years of age, at least 55% females and 2%

disabled.

SL 08.03 PROJECT STEERING COMMITTEE (PSC)

The PSC shall consist of the following stakeholders

Department of National Public Works representative

19

Municipal representative

Community representatives

Client department representative

Main Contractor

SL 08.03.01 Operating Procedures

The PSC shall oversee the following

(a) The PSC will adhere to government legislation and policy guidelines which

are relevant to enable it to execute its work. The Intermediary guidelines will

also be adhered to e.g. procurement policies

(b) The meetings will be scheduled, and will be held on agreed dates and times.

(c) That targets set in terms of work opportunities are met

(d) That local labour is recruited according to agreed procedures and processes

(e) Manage EPWP beneficiary grievances

(f) Responsible for communication with local EPWP beneficiaries

SL 08.03.02 Secretariat

The contractor shall appoint a Community Liaison Officer (CLO) who shall

provide secretariat support to the PSC.

SL 08.03.03 PSC Meetings

The PSC shall meet once a month prior to the site meetings and report the

resolutions at the Site Meeting.

SL 08.03.03 Funding of PSC

The activities of the PSC will be voluntary and members would receive no

remuneration for their time. The contractor may provide refreshments on the day

of a meeting. It is thus important that community members of the PSC be drawn

from the local area in order to avoid travelling costs.

SL 09 CONTRACTUAL OBLIGATIONS IN RELATION TO LABOUR

The beneficiaries to be employed in the programme (EPWP) shall be directly

contracted to the employer. Over and above the construction and project

management responsibilities, the employer will be expected to perform the tasks

and responsibilities as set out in clause SL 05 above.

20

SL 10 PROVINCIAL RATES OF PAY SL 10.01 PAYMENT FOR OF SEMI-SKILLED AND UNSKILLED BENEFICIARIES

(g) The Employer must pay beneficiaries at least the minimum rate as stipulated

in the Ministerial Determination: Expanded Public Works Programme. A

worker may not be paid less than the minimum EPWP wage rate of R66.34

per day or per task. This will be annually adjusted in-line with inflation.

(b) Beneficiaries can be paid on the basis of the number of tasks completed

or on a daily rate/“time-rated beneficiaries”.

(c) If beneficiaries are informed a day before that work will not take place the

next day, they should not be entitled to any payment.

(d) Beneficiaries will be paid a training allowance in case they are required to

attend agreed training programmes (equal to 100% of the daily task rate for

task-rate beneficiaries or 100% of the daily rate of pay for time-rated

beneficiaries). All the costs of training will be covered, for example, travel,

trainers, material, tuition fees.

(e) An employer must pay all wages at least monthly in cash or by cheque or

into a bank account.

(f) A task-rated worker will only be paid for tasks that have been completed.

(g) The employer must pay a task-rated worker within five weeks of the work

being completed and the work having been approved by the manager or the

contractor having submitted an invoice to the employer.

(h) Where a worker participates in a learnership the relevant learnership

determination must be used to determine the training allowance whilst on

training.

(i) Each worker must be given written particulars of employment and verbal

explanations in an appropriate language of their rate of pay and how this is to

be calculated.

21

(j) Where a project is completed earlier than anticipated the worker should

receive the full agreed remuneration for the stipulated period of the contract if

the pay for the task was to be calculated on the basis of time. Where such

work was to be performed on a task-based system, the full agreed

remuneration for the task should be paid for early completion.

(k) Should beneficiaries be attending training whilst employed by the

contractor, the contractor will still be responsible for payment to the

beneficiaries whilst at training.

SL 10.02 PAYMENT FOR OF YOUTH BENEFICIARIES (NYS)

It is stipulated that youth beneficiaries on the EPWP-NYS receive a minimum

daily wage of R 92.31 whilst working, R 2 769.30 for 30 days off-site training

and R 2 123.13 per month whilst doing on site training (6 months). Should

youth beneficiaries be attending training whilst employed by the contractor, the

contractor will still be responsible for payment to the youth worker whilst at

training.

SL 11 MEASUREMENTS AND PAYMENT

The beneficiaries specified for this contract will receive at least life skills training

and technical training.

SL 11.04 EMPLOYMENT OF YOUTH BENEFICIARIES

The unit of measurement shall be the number of beneficiaries at the statutory

labour rates of R 1 460 multiplied by the period employed in months and the

rate tendered shall include full compensation for all costs associated with the

employment of beneficiaries and for complying with the conditions of contract.

The cost for the training shall be excluded from this item. This item is based on

6 months minimum appointment for beneficiaries.

.

SL 11.05 PROVISION OF EPWP DESIGNED PPE TO BENEFICIARIES

SL 11.05.01 a) Supply EPWP designed overalls to beneficiaries.

Worker overalls should be orange (top and bottom) as per EPWP Corporate

Image (Annexure A.) specification with the exception of Correctional Services

contracts where the beneficiaries top would be blue and the bottom orange.

22

b) Safety Helmet

c) Safety Shoes

d) Goggles

e) Gloves

f) Any other PPE necessary for the safe execution of the project

An amount has been provided in the Schedule of Quantities under sub item

SL 10.05.01 for the supply of EPWP designed overalls, as per the specification

provided by the EPWP unit, arranged by the Service Provider. The Engineer

will have sole authority to spend the amounts or part thereof. The tendered

percentage under sub items SL 10.05.02 will be paid to the contractor on the

value of each payment pertaining to the supply of overalls to cover his

expenses in this regard.

SL 11.06 PROVISION OF SMALL TOOLS FOR YOUTH BENEFICIARIES

SL 11.06.01 The Contractor must provide all beneficiaries with prescribed tools for their

respective trades. These tools will become the property of the worker after the

completion of the programme. Allow for R800.00 per youth worker for this

purpose.

The following trades we will choose under:

1) Bricklaying

2) Plastering

3) Painting

4) Electrical assistance

5) Tiling

6) Carpentry

7) Paving

The Training Service Provider is to advise on the tools required for each of the trades that the

youth beneficiaries are trained on.

SL 11.07 APPOINTMENT OF TEAM LEADER/S (CLO/PLO)

SL 11.07.01 Appointment of 1 team leader/s is necessary for the duration of the contract.

The Team Leader will act as CLO/PLO to facilitate the project work between

the beneficiaries and the contractor.

23

The Team Leader should be a person with technical experience on the trades

performed on site, not necessarily trade-tested.

SL 11.08 LIAISON WITH SERVICE PROVIDER

The tendered rate shall include full compensation for the cost of liaising with

the Service Provider and Social Facilitators on all issues regarding the works.

SL 11.09 REPORTING REQUIREMENTS

The Project must be registered on the NDPW EPWP registering platform by

the Project Manager. The contractor is required to submit monthly beneficiary

reports (Annexure B), which are to be attached to payment certificates and

invoices as per attached forms Reporting Templates. Payment shall only be

processed once compliance with EPWP and other Reporting requirements has

been proven.

SL 11.10 SUBCONTRACTING

SL 11.10.01 The contractor will be required to appoint a minimum of 40 emerging

contractors between CIDB grading of level 1 and 5 in a grading designation category relevant

to their scope, to undertake work to the minimum of 30% of the contract value. The

contractor shall select the sub-contractors from the Local Municipality’s Database

SL 11.10.02 The contractor will be required to have a strong supervisory capacity in Labour

Intensive Construction. The appointed person shall have a minimum of NQF Level 5: Labour

Intensive Construction, in order to manage Labour-Intensive Construction processes.

SL 11.10.02 The Contractor will be responsible for managing local emerging sub-contractors

undertaking Labour Intensive work.

SL 11.10.03 The Contractor will be responsible to ensure that all sub-contractors comply with

all EPWP requirements as set-out in this specification

SL 11.10.04 The Contractor and sub-contractors will be required to compile monthly progress

reports to be submitted with payment certificates. The reports shall include planned targets

with regards to the works, employment of EPWP beneficiary and project expenditure. Failure

to produce monthly reports will render payment certificates incomplete.

24

SL 11.10.05 The contractor will be required to utilise local material suppliers from the Local

Municipality’s Database

SL 11.07.06 The Contractor shall enter into a contract with local cooperatives that will

undertake activities as set-out in the BoQ for cooperatives. The cooperatives are to be

selected through the National Department of Public Works: EPWP Enterprise Development.

The contractor shall liaise, through the Project Manager, with the Enterprise Development

manager:

Mr Vuli Makhanya

Deputy Director: EPWP Enterprise Development

Tel: (031) 314 7306

Email: vuli.makhanya@dpw.gov.za

25

EPWP - EMPLOYMENT AGREEMENT [Example]

CONTRACTOR

Name:

Address:

ID:

AND

WORKER

Name:

Address:

ID:

1. I am pleased to confirm that you have been appointed to work on a task-based

employment contract within an EPWP project. During this contract you will undertake

various tasks.

2. This contract must be in conjunction with the standard terms and conditions of

employment applicable to a EPWP, a copy of which is attached.

3. The project where you will be employed is located at

…………………………………………….

4. The contract will start on

………………………………………………………………………………

and end

on………………………………………………………………………………………………

5. You must be aware that this contract is a limited term contract and not a permanent job.

Your minimum period will be 6 months and the contract may be terminated for one of

the following reasons:

(a) Funding for the programme in your areas comes to an end.

26

(b) You repeatedly do not perform in terms of the tasks set out in your work

programme.

(c) If you breach any of the terms and conditions of this contract.

6. Disciplinary:

You will be employed as a general labourer within the EPWP team.

7. While you are working you will report to

……………………………………………………………..

8. Payment

You will be paid a fixed amount of R ……….…. for a …………….basis.

9. The contractor shall not be required to provide to local beneficiaries:

- holiday, leave, sick or severance pay;

- a pension or similar scheme;

- a medical aid or similar scheme.

10. Signatures

Signed on this day …………………………………. of ……………………………………..

20……

Contractor: ………………………………. Date:

……………………………….

Worker: ………………………………. Date:

……………………………….

Witness: ………………………………. Date:

……………………………….

27

EPWP - NYS EMPLOYMENT AGREEMENT [Example]

CONTRACTOR

Name:

Address:

ID:

AND

YOUTH WORKER

Name:

Address:

ID:

11. I am pleased to confirm that you have been appointed to work on a task-based

employment contract within an EPWP - NYS project. During this contract you will

undertake various tasks.

12. This contract must be in conjunction with the standard terms and conditions of

employment applicable to a EPWP, a copy of which is attached.

13. The project where you will be employed is located at

…………………………………………….

14. The contract will start on

………………………………………………………………………………

and end

on………………………………………………………………………………………………

15. You must be aware that this contract is a limited term contract and not a permanent job.

Your minimum period will be 6 months and the contract may be terminated for one of

the following reasons:

(d) Funding for the programme in your areas comes to an end.

28

(e) You repeatedly do not perform in terms of the tasks set out in your work

programme.

(f) If you breach any of the terms and conditions of this contract.

16. Disciplinary:

You will be employed as a general labourer within the EPWP – NYS team.

17. While you are working you will report to

……………………………………………………………..

18. Payment

You will be paid a fixed amount of R ……….…. for a …………….basis.

19. The contractor shall not be required to provide to local beneficiaries:

- holiday, leave, sick or severance pay;

- a pension or similar scheme;

- a medical aid or similar scheme.

20. Signatures

Signed on this day …………………………………. of ……………………………………..

20……

Contractor: ………………………………. Date:

……………………………….

Youth Worker: ………………………………. Date:

……………………………….

Witness: ………………………………. Date:

……………………………….

29

ANNEXURE A.1 – EPWP BRADING REQUIREMENTS

30

31

32

33

34

35

36

ANNEXURE B.1 – EPWP BENEFICIARY REPORTING TEMPLATE

37

ANNEXURE B.2 – EPWP PROGRESS DATA REPORT TEMPLATE